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boa_08 27 2018LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTE S AUGUST 27, 2018 2:00 P.M. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II.Approval of the Minutes of the Previous Meetings The Minutes of the July 30, 2018 meeting were approved. Members Present: Christopher Smith, Chairman Carolyn Lindsey Polk, Vice Chair Frank Allison Richard Bertram Austin Grinder Members Absent: None City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT AGENDA AUGUST 27, 2018 2:00 P.M. I.OLD BUSINESS: No Old Business II.NEW BUSINESS: 1.Z-6799-B 5615 Kavanaugh Blvd. 2.Z-9348 316 N. Plaza Drive 3.Z-9349 1 Cherry Leaf Cove 4.Z-9350 40 Scenic Blvd. AUGUST 27, 2018 ITEM NO.: 1 File No.: Z-6799-B Owner: Gatta, LLC Applicant: Ben Hartter, Fennell Purifoy Architects Address: 5615 Kavanaugh Blvd. Description: South side of Kavanaugh Blvd., between N. Fillmore and N.Taylor Streets Zoned: C-3 Variance Requested: Variances are requested from the area provisions of Section 36-301 and the parking provisions of Section 36-502 to allow construction of a new office building with reduced front setback and a reduced number of parking spaces. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Office Proposed Use of Property: Office STAFF REPORT A.Public Works Issues: 1.The Public works recommends that the shared parking be identified as a shared access easement either on the plat or within the bill of assurance. 2.New driveway aprons should be constructed of concrete and in conformance with City of Little Rock Public Works standard details. Contact the Public Works for clarification or inspection at 501-744-1773. B.Landscape and Buffer Issues: 1.Site plan must comply with the Little Rock minimal landscape and buffer ordinance requirements. 2.Signage is to be reviewed and permitted separately. 3.A Perimeter planting strip is required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street. This strip shall be at least nine (9) feet wide. The property is located in the city's designated mature area. A twenty-five (25%) percent reduction of the buffer requirements is acceptable. The minimum dimension of the perimeter planting strip shall be six (6) feet nine (9) inches. One (1) tree and three (3) shrubs or vines shall be planted for every thirty (30) linear feet of perimeter planting strip. AUGUST 27, 2018 ITEM NO.: 1 (CONT.) Z-6799-B 4.Building landscape areas shall be provided between the vehicular use area used for public parking and the general vicinity of the building. These shall be provided at the rate equivalent to planter strip three (3) feet wide along the vehicular use area. One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40) linear feet of vehicular use area abutting the building. 5.An irrigation system shall be required for developments of one (1) acre or larger. For developments of less than one (1) acre there shall be a water source within seventy-five (75) feet of all plant material if an automatic irrigation system is not provided. 6.All landscape areas shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Provide notes on plan specifying type and location of mulch, edging, wheel stops, and/or concrete curb and gutter. 7.All ground or roof mounted mechanical systems shall be screened from abutting properties and streets. Any trash receptacles or pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet not to exceed eight (8) feet total height. 8.The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. C.Staff Analysis: The C-3 zoned property located at 5615 Kavanaugh Blvd., is occupied by a one­ story frame commercial/office building. The property is located on the south side of Kavanaugh Blvd., between N. Fillmore and N. Taylor Streets. A paved alley is located along the rear (south) property line. A small area of parking (nine (9) spaces) is located on the south side of the existing building, with access from the alley. The existing parking is angled and requires backing out onto the alley for exiting. A cell tower lease area is located at the southeast corner of the building. This area contains a cell tower and equipment building. The existing commercial/office building is located 0.8 foot to 1.2 feet back from the front (north) property line, 5.4 feet from the east side property line and 10.2 feet from the west side property line. The applicant proposes to remove the existing building from the site and construct a new two-story office building, as noted on the attached site plan. The proposed building will contain 3,629 square feet of floor area. It will be located one (1) foot to 1.2 feet back from the front (north) property line, 7.4 feet from the east side property line and 7.67 feet from the west side property line. A canvas awning will cover an entry area on the west side of the building. The parking area on the south side of the building will be re-constructed in conjunction with the small parking area on the 2 AUGUST 27, 2016 ITEM NO.: 1 (CON'T.) Z-6799-B property immediately to the west. There will be eight (8) parking spaces on the subject property and six (6) spaces on the property to the west. The existing cell tower lease area will remain unchanged. Section 36-301 (e)(1) of the City's Zoning Ordinance requires a minimum front building setback of 25 feet for this C-3 zoned property. Section 36-502(b )(2) requires a minimum of nine (9) off-street parking spaces for use of the building as office. Section 36-502(b)(3) requires a minimum of 12 parking spaces if the building were to be used for retail. Therefore, the applicant is requesting variances from these ordinance requirements to allow the new building with reduced front setback, and the use of the building as office with a reduced number of off-street parking spaces. The applicant is also requesting a landscape variance in conjunction with the redevelopment of the parking area, which will be addressed by the City Beautiful Commission on September 6, 2018. Staff is supportive of the requested front setback and parking variances. Staff views the request as reasonable. The proposed new building will maintain essentially the same front setback as the existing building. The proposed reduced front setback will not be out of character with other properties in this immediate area. The two (2) existing buildings immediately to the west are located within one (1) foot of their front property lines. Numerous other structures to the west and east along Kavanaugh Blvd. maintain similar front setbacks. With respect to the requested parking variance, the property will be only one (1) space shy of the minimum off-street parking requirement for use of the building as office. The property is zoned C-3, General Commercial. Staff can support use of the building as office or retail. If, in the future, a restaurant use is proposed for all or part of the building, a new parking variance will need to be addressed by the Board of Adjustment. Otherwise, staff believes the proposed new office building with reduced front building setback and reduced off-street parking will have no adverse impact on the adjacent properties or the general area. D.Staff Recommendation: Staff recommends approval of the requested front setback and parking variances, subject to the following conditions: 1.Compliance with the Public Works and Landscape/Buffer requirements as noted in paragraphs A and B. of the staff report. 2.A cross-access easement between this property and the property to the west must be dedicated prior to a building permit being issued. 3.If the footings for the new building extend into the Kavanaugh Blvd. right-of­ way, a franchise permit must be obtained from Public Works. 4.No portion of the new building may be occupied by a restaurant or similar type use. 3 AUGUST 27, 2016 ITEM NO.: 1 (CONT.) Z-6799-B Board of Adjustment (August 27, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 5 ayes, 0 noes and 0 absent. 4 FENNELL IPURI FOY ARCHITECTS 100 Morgan Keegan Drive, Suite 320 • Little Rock, Arkansas 72202 T 501.372.6734 • F 501.372.6736 • www.fennellpurifoy.com July 31st,2018, Attn: Dana Carney Department of Planning Development 723 West Markham Little Rock, AR 72201 RE: 5615 Kavanaugh Boulevard Front Setback Variance Request Parking Lot Redesign Variance Request Mr. Carney; Please accept this letter to serve as our application for the above reference submittal. We wish to be placed on the August 27, 2018 Board of Adjustment Meeting agenda. We are requesting both the front yard setback and parking lot redesign be considered for review simultaneously. The owner is requesting a waiver of the: Front yard setback of 11 '-0" (average lot frontage) to 1 '-0" on the front of the property. The existing building on the lot is currently located l '-0" back from the front of the property. Additionally the neighboring buildings located to the west are also located from 1 '-0" to 0'-0" from the front of their property lines. The same front of street setback is true for other neighboring blocks along Kavanagh. Lastly, due to a previous lease agreement and parking requirements the owner will not be able fit their building on the lot if the setback has to be maintained. The parking lot has also been combined with neighboring lot to provide a total of 14 spaces for both buildings. In order to reach this number of spaces 18'-0 stall depths were used. This number of spaces will provide the required 9 spaces for the new building and an additional 5 spaces for the neighboring existing building. If 20'-0" stall depths are used 2 spaces will be lost. Enclosed please find a check for the review fee in the amount of $205.00 If any additional information is desired, please let us know. We thank you for your consideration and look forward to the possibility of presenting our team to you. Sincerely, Ben Hartter, AIA Fennell Purifoy Architects AUGUST 27, 2018 ITEM NO.: 2 File No.: Z-9348 Owner: Jill Fiser Applicant: Cade L. Cox Address: 316 N. Plaza Drive Description: Southwest corner of N. Plaza Drive and Granada Drive Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a fence which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: . Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A.Public Works Issues: 1.The Public Works will not maintain any drainage easements where access is restricted by fencing. Section 29-127 of the City of Little Rock Code of Ordinances prohibits obstruction of drainage easements. B.Staff Analysis: The R-2 zoned property located at 316 N. Plaza Drive is occupied by a two-story brick single family residence. The property is located at the southwest corner of N. Plaza Drive and Granada Drive. A two-car wide driveway from Granada Drive is located at the north end of the residence. The property slopes downward from front to back (east to west). The property contains a 25 foot platted building line along the north and east property lines. The applicant recently constructed an eight (8) foot high wood fence, enclosing the rear yard portion of the residential lot. The fence extends from the northwest corner of the house, crossing the platted building line by approximately 6.5 feet. The fence runs along the west and south property lines and ties into the south side of the residence. AUGUST 27, 2016 ITEM NO.: 2 (CONT.) Z-9348 Section 36-516( e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between a street fronting property line and building setback line on R-2 zoned property. Fences with a maximum height of six (6)feet are allowed elsewhere on residential lots. Therefore, the applicant is requesting a variance to allow the fence with a height of eight (8) feet which encloses the rear yard area. Staff is supportive of the requested fence height variance. Staff views the request as reasonable. The proposed eight (8) foot fence height has become an increasingly popular fence height in single family neighborhoods. In this specific case, the property slopes downward from front to back (east to west), with this residence being several feet above the grade of the residential lot to the west. Given the difference in grade between the two (2) properties, the proposed increased fence height should provide additional privacy and security for both residences. Therefore, staff believes the proposed residential fence with increased height will have no adverse impact on the adjacent properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested fence height variance, subject to compliance with the Public Works requirement as noted in paragraph A of the staff report. Board of Adjustment (August 27, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 5 ayes, 0 noes and O absent. 2 COX, STERLING, McCLURE & VANDIVER, PLLC ATTORNEYS AT LAW CADEL.Cox 8712 COUNTS MASSIE RD. DYLAN J. BOTTEICHER clcox@csmfirm.com NORTH LITTLE ROCK, ARKANSAS 72113 djbottcichcr@csmfirm.com ATTORNEY ATTORNEY MELANIE J. MCCLURE TELEPHONE (501) 954-8073 EMILY K. TOWE mjmcclure@csmfirm.com FACSIMILE (501) 954-7856 cktowe@csmfirm.com WEB: www.csmfirm.com LEGAL ASSISTANT BRIAN A.VANDIVER BRANDYN. BRINER bavandiver@csmfirm.com bnbriner@csmfirm.com ATTORNEY LEGAL ASSISTANT June 29, 2018 VIA FIRST CLASS MAIL CITY OF LITTLE ROCK DEPARTMENT OF PLANNING AND DEVELOPMENT 723 W. MARKHAM ST. LITTLE ROCK, AR 72201 RE: Application for Residential Zoning Variance 316 N. Plaza Dr., Little Rock, AR 72205 To Whom it May Concern, Jill Fiser requests a variance from the city concerning the height of her fence. On March 27, 2018, Ms. Fiser received a citation from the City of Little Rock because her fence was eight feet tall in violation Sec. 36-516(e)(l) of the Little Rock Code of Ordinances. A six-foot fence, as typically required under the aforementioned section, is not able to contain Ms. Fiser's pet dogs because of the configuration of her lot. The animals can escape a six-foot fence, but they cannot escape a fence that is eight feet in height. The fence is already eight feet in height, and it would be a significant financial burden on Ms. Fiser if she was forced to correct the height by totally replacing her fence line. The neighborhood fences are not uniform and Ms. Fiser' s fence does not diminish the aesthetic value of the neighborhood. Sincerely, Cox, STERLING, McCLURE & VANDIVER, PLLC By: CADE L. COX AUGUST 27, 2018 ITEM NO.: 3 File No.: Z-9349 Owner: Robert and Meredith Terrell Applicant: Robert W. Terrell Ill Address: 1 Cherry Leaf Cove Description: Southeast corner of Cherry Leaf Cove and Cherry Laurel Drive Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36-516 to allow a fence which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A.Public Works Issues: 1.The Public Works will not maintain any drainage easements where access is restricted by fencing. Section 29-127 of the City of Little Rock Code of Ordinances prohibits obstruction of drainage easements. B.Staff Analysis: The R-2 zoned property located at 1 Cherry Leaf Cove is occupied by a two-story brick and frame single-family residence. The property is located at the southeast corner of Cherry Leaf Cove and Cherry Laurel Drive. A two-car wide driveway from Cherry Leaf Cove is located near the northwest corner of the residential lot. The residential lot contains a 25 foot platted building line along the north and west property lines. The rear yard area is currently enclosed with a six (6) foot high wood fence. The applicant proposes to install new fencing on the site, as noted on the attached site plan. New six (6) foot high wood fencing is proposed extending from the south side of the residence, along the south property line to the southeast corner of the lot. An eight (8) foot high wood fence is proposed along the west side property line, extending across the 25 foot platted building line by approximately 17 feet. Six (6) foot high wood fencing is proposed within the north yard area, located between the 25 foot platted building line and the north property line. The fence will tie into the north end of the residence. AUGUST 27, 2018 ITEM NO.: 3 (CON'T.) Z-9349 Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of four (4) feet for fences located between a front (street fronting) property line and front building setback line on R-2 zoned property. Fences with a maximum height of six (6) feet are allowed elsewhere on residential lots. Therefore, the applicant is requesting a variance to allow the eight (8) foot high wood fence along the west property line, extending across the 25 foot platted building line, and the six (6)foot high wood fence between the 25 foot platted building line and the north (street fronting) property line. Staff is not supportive of the requested fence height variance. Staff does not view the request as reasonable. Staff's objection is to the proposed fencing which extends across the 25 foot platted building line, located between the platted building line and the north (Cherry Laurel Drive) property line. The proposed fence would be out of character with the residential lots in this area. The lots to the east and west along Cherry Laurel Drive have front yards which front the street. The proposed fence extending out into this yard space would not be consistent with fences in the immediate area. Staff has no issues with the proposed fencing located behind the 25 foot platted building line. C.Staff Recommendation: Staff recommends denial of the requested fence height variance. Board of Adjustment (August 27, 2018) Robert Terrell was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Staff noted that three (3) letters of opposition had been received. Robert Terrell addressed the Board in support of the application. He presented a photo of the property to the Board. He explained that a taller fence was needed for safety/security and privacy issues due to the slope of the property. He explained that because of the slope, there is a line of sight into the rear yard area. There was a brief discussion regarding the requirements for residential fences. Vice­ Chair Lindsey Polk asked Mr. Terrell if he would consider having the eight (8) foot fence section tie into the northeast corner of the house instead of extending across the platted building line. He indicated that he might consider other options for the proposed fence within the north yard area. He requested that the application be deferred to the October 29, 2018 agenda to give him time to consider an amendment to the application and present it to staff. There was a motion to defer the application to the October 29, 2018 agenda. The motion passed by a vote of 5 ayes, o· noes and O absent. The application was deferred. 2 To The Little Rock Board of Adjustment ·�+�4 3�-93f1 I, Robert W. Terrell 111, am hereby requesting for a variance from the established fence height regulation that is currently instated. My property lies at the bottom of a hill as you are driving down Cherry Laurel drive. Due to this significant slope there is a direct line of sight down into where my children play, and I fear this is a security risk. As a member of the United States Army one of my greatest fears is the safety of my children and family while I am serving. It is well known that the enemies of this great nation have no respect for human life and will inflict damage anyway they can to hurt our efforts. My proposal is to raise the highlighted area of back border fence to 8 feet in height and provide an additional layer of security to my family. I appreciate your consideration in this matter. Very Respectfully, Robert W. Terrell Ill AUGUST 27, 2018 ITEM NO.: 4 File No.: Z-9350 Owner: Fulk Family Revocable Living Trust Applicant: Phil Purifoy, Fennell Purifoy Architects Address: 40 Scenic Blvd. Description: Lot 40 and the east ½ of Lot 41, Scenic Heights Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the building line provisions of Section 31-12 to allow a garage/deck addition with reduced front and side setbacks and which crosses a front platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A.Public Works Issues: No Comments B.Staff Analysis: The R-2 zoned property located at 40 Scenic Blvd. is occupied by a one-story frame single family residence. A one-car wide driveway from Scenic Blvd. is located at the southeast corner of the lot. The driveway leads to a one-car wide carport at the east end of the residence. The property slopes downward from front to back (south to north). There is approximately 20 feet of drop from the front of the house to the rear of the house. The lot contains a 15 foot front platted building line. A small portion of the southeast corner of the residence crosses the front platted building line by four (4) to five (5) feet. The applicant proposes to make three (3) additions to the residence, as noted on the attached site plan. Two (2) of the additions involve enclosing small portions of the front of the residence at its southwest corner. These additions are located behind the front platted building line and comply with minimum ordinance setback requirements. The other addition is to the southeast corner of the residence and AUGUST 27, 2018 ITEM NO.: 4 Z-9350 includes expanding the carport to a two-car wide garage. A small portion of the garage addition (approximately 30 square feet) will cross the front platted building line by approximately four (4) feet, resulting in a front setback of 11 feet. The applicant also proposes to construct a deck/stairway addition at the east end of the garage addition, for access to the rear of the residence. The deck/stairway addition will be unenclosed and uncovered, and will be located two (2) to three (3) feet (at its closest point) from the east side property line. The deck/stairway addition will cross the front platted building line by approximately nine (9) feet, with approximately 100 square feet of the landing portion of the deck being between the platted building line and the front property line. Sections 36-254(d)(1) and (2) of the City's Zoning Ordinance requires a minimum front setback of 25 feet and a minimum side setback of eight (8) feet. Section 31- 12(c) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the building addition with reduced front and side setbacks and which crosses a front platted building line. Staff is supportive of the requested setback and building line variances. Staff views the request as reasonable. Only a small portion of the proposed garage and deck/stairway addition will cross the 15 foot front platted building line. The lot has an excessive slope from front to back, which caused the residence to be constructed nearer to the front property line than is typically allowed. The hillside standards as found in the City's Subdivision Ordinance allows front platted building lines of 15 feet instead of the typical front setback requirement of 25 feet. The proposed slight , reduction in front setback will not be out of character with other residences along this portion of Scenic Blvd. Additionally, there will be adequate separation between the subject residence with addition and the residence immediately to the east. Staff believes the proposed addition to the east end of the residence will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one-lot replat reflecting the change in the platted front building line for the addition. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C.Staff Recommendation: Staff recommends approval of the requested setback and building line variances, subject to the following conditions: 1.Completion of a one-lot replat reflecting the change in the front platted building line as approved by the Board. 2.The deck/stairway addition to the east end of the residence must remain unenclosed and uncovered. 2 AUGUST 27, 2018 ITEM NO.: 4 Z-9350 Board of Adjustment (August 27, 2018) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 5 ayes, 0 noes and 0 absent. 3 FENNELL IPURIFOY ARCHITECTS 100 Morgan Keegan Drive, Suite 320 • Little Rock, Arkansas 72202 T 501.372.6734 • F 501.372.6736 • www.fennellpurifoy.com July 31st, 2018, Attn: Monte Moore Department of Planning & Development 723 West Markham Little Rock, AR 7220 l RE: 40 Scenic Boulevard Front & Side Setback Variance Request Mr. Moore; Please accept this letter to serve as our application for the above reference submittal. We wish to be placed on the August 27, 2018 Board of Adjustment Meeting agenda. We are requesting front & side yard setback variance. The owner wishes to remodel the existing house at 40 Scenic Boulevard. Plans include an expansion at the southwest corner of the house, and the expansion and enclosure of a garage to allow for two cars. The existing house is currently nonconforming, crossing the front yard setback and overlapping it by 4.81' at the deepest point of encroachment. The new construction triggers the need for a variance for this existing condition. The planned garage expansion is shown extending in line with the front of existing house. This is the best solution as the steep slope makes it difficult to expand the garage in any other direction. The steep slope also requires a new exterior stair to be built at the eastern side of the new garage, which will require a variance for the 8' side yard setback. The side yard variance is not unusual as many neighboring properties also have improvements situated within the typical 8' side yard setback. Enclosed please find a check for the review fee in the amount of $85.00. If any additional information is desired, please let us know. We thank you for your consideration and look forward to the possibility of presenting our team to you. Sincerely, Phil Purifoy, AIA Fennell Purifoy Architects DATE: � BOARD OF ADJUSTMENT VOTE RECORD MEMBER ALLISON, FRANK BERTRAM, JAMES GRINDER, AUSTIN LINDSEY POLK, CAROLYN SMITH, CHRISTOPHER TIME IN AND TIME OUT ALLISON, FRANK BERTRAM, JAM ES GRINDER, AUSTIN LINDSEY POLK, CAROLYN SMITH, CHRISTOPHER Z, 2-o IF I D--1� +.. 10/>-'I M I 1-+� ,_ .1 I v �1/\_/ '"'f w' v )/ ,p ,/ !3 Io· 1/ t Vl?' . V AYE •NAVE LABSENT �ABSTAIN Meeting Adjourned z: If P.M. AUGUST 27, 2018 There being no further business before the Board, the meeting was adjourned at 2:14 p.m. Date: 9/ 24/18 Chairman Secretary